Marital Agreements

• Statutory regime of community property
  • Any property acquired by both spouses during the marriage as a result of joint contribution becomes their joint ownership, regardless of whose name it is registered under.
  • Community property is indivisible, and neither spouse can independently dispose of it.
  • For actions involving the disposal of real estate, vehicles, or other assets acquired under this regime, the simultaneous presence of both spouses before a notary is required.
• Statutory regime of separation of property
  • Each spouse acquires property solely for themselves during the marriage.
  • When the property subject to disposal is the family home, a declaration from the other spouse (who is not the owner) is required, providing their consent.
  • This declaration must be notarized. Our notary office can prepare such a declaration for you. To draft it, you will need to present the notary deed or other acquisition document of the property.
• Contractual regime (Marital Agreements)
  • A marital agreements regulates all or some property relations related to the marriage, during the marriage, and in case of its termination.
  • Personal relations between spouses cannot be regulated by this contract.
  • Article 38 of the Family Code provides an indicative list of possible provisions in the contract:
  • The rights of the parties over property acquired during the marriage, as well as property owned by the spouses before the marriage.
  • The participation of the parties in expenses and obligations.
  • Maintenance between the spouses and for their children.

1. A marital agreements can be concluded by persons who are either already married or intend to marry.
2. It can only be concluded by legally competent persons (adults who are not under legal disability).
3. The contract must be concluded personally by the parties in the presence of a notary.
4. It is not allowed to conclude a marital agreements through a representative or proxy.
5. The contract must be in written form with simultaneous notarization of the signatures and content.

• The notary must certify the date and content of the marital agreements, register it in the notary’s records, and issue a certificate specifying the date of conclusion, the registration number in the notary’s books, and the notary’s registration number in the Notary Chamber.
• A marital agreements can transfer ownership rights or establish other property rights over real estate. In this case, the contract serves as a transfer deed, but no separate notary deed is required.
• Certification must be done by a notary in the area where the property (or at least one of the properties) is located.
• The same documents required for a transfer transaction with a notary deed must be presented to the notary.

• Marital agreements are registered in the Register of Property Relations of Spouses at the Registry Agency.
• This requires submission of a written declaration by both spouses to the civil status officer in the municipality where the marriage was registered, along with the notary’s certificate and two certified copies of the marital agreements.
• Marital agreements involving the transfer or establishment of property rights over real estate must also be registered in the Property Register at the Registry Agency. Before this registration, the contract is noted in the marriage certificate.

If the marital agreements is concluded before the marriage, it takes effect upon the conclusion of the civil marriage.

If the marital agreements is concluded during the marriage, it is noted in the marriage certificate and takes effect from the date of signing or another date specified in the contract (whether in the past or the future).

The contract can be amended in compliance with the formal requirements for its validity – written form with notarized signatures and content.

The parties may give retroactive effect to the amendments, provided this does not affect the rights of third parties.

A marital agreements is a useful legal tool through which spouses can regulate their property relations. It can also save taxes and fees associated with current or future property transfers.

Schedule an appointment with a notary for consultation and preparation of a marital agreements.
Send the required documents to the email: fidosova@gbg.bg